CCJ set aside but need to file a full defence

CCJ_buster

ok thanks, I will correct that, will it be ok for a defence then?

The_Deep

The original PCN was almos certainl a scam so complain to your MP.

Parliament is well aware of the MO of private parking companies and on 15th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Le_Kirk

CCJ_buster wrote: »

ok thanks, I will correct that, will it be ok for a defence then?

If it answers all the contraventions alleged by the PPC on the original POC, then yes. Let's see it when you have edited it. Look again at the post by Coupon-mad where she says: -

NO, YOU DO NOT WANT TO DO THAT. Please stop!

That was the set aside, you got that.

This is now your defence to the claim - the parking charge itself.

CCJ_buster

Please see the edited text below
I don't have the original POC nor the original parking ticket(sent a SAR, but won't get a reply before my filing deadline). I just applied for the CCJ to be set aside and on the hearing UKPCM was absent and the Judge ordered in my favor provided I file a full defence in 28 days and below is what I am thinking to send.



Coupon-mad recommended bargepole's defence, but in that argues about he signage which I can't do given the place and time of the alleged contravention unknown by me

---

I am xxxx and I am the Defendant in this matter.
This is my full Defence Statement in support of my application dated 04/11/2018 heared on 01/04/2019 to
· Set aside the Default Judgement dated 05/01/17 as it was not properly served at my current address;
· Order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee;
· Order for the original claim to be dismissed.

1. Default Judgement
1.1. Defendant understand that the Claimant obtained a Default Judgement against the Defendant in 5th of January 2017. However, this claim form has not been served at Defendant’s current address and thus was not aware of the Default Judgement until December 2017 when Defendant was applying for credit and was refused due to this CCJ in the credit file. Defendant understands that this Claim was served at an OLD ADDRESS (XXXXX). However, Defendant moved to a new address in May 2016. In support of this Defendant can provide confirmation from the DVLA receiving the application to update the registered address dated 19/05/2016

1.2. Defendant can’t recall receiving any previous documentation from the Claimant in this matter and thus was never able to properly challenge the Claimant’s claim.

1.3. On the 04/01/2018 Defendant contacted CCBC to find out details of the Default Judgement. The court papers contain no details of the alleged incident and Defendant does not know what the Default Judgement relates to. This means the Defendant still does not have any details of the incident the Claimant alleges has taken place, other than the summary of charges now owed, which is shown on the Court papers.

1.4. The Defendant believes that the Claimant has behaved unreasonably in pursuing the claim without ensuring they held the Defendant’s correct contact details. According to publicly available information these circumstances are far from being unique. The Claimant’s persistent failure to use correct and current addresses results in an unnecessary burden for individuals and the justice system across the country.

1.5. On the basis provided above the Defendant would suggest that the Claimant did not fulfill their duty to use the Defendant’s current address when bringing the claim.

1.7. Considering the above the Defendant was unable to defend this claim properly and thus believe that the Default Judgement was issued incorrectly and thus should be set aside.

2. Order dismissing the Claim

2.1. The Defendant further believes that the original Claim by the Claimant has no merit and should thus be dismissed. The Defendant understand that the Claimant is a Parking Company which seeks to claim for “Parking Charge Notices” which the Claimant believes are due as a result of an alleged breach of contract for parking by a motorist.

2.2. If the Claimant has obtained details of the vehicle for which Defendant is the Registered Keeper, and used those details to make a claim for a “Parking Charge Notice’’, Defendant thus dispute the claim in its entirety as does not know the wording of the contract nor the means by which the contract was alleged to come into force.

2.3. If the Claimant can evidence that the alleged incident relates to a vehicle for which the Defendant is the Registered Keeper, any Notice to Keeper served by the Claimant would have needed to comply with the requirements of Schedule 4 of the Protection of Freedoms Act 2012. Otherwise, the Claimant is required to prove the driver of the vehicle they claim was involved in the alleged incident. The Defendant submit that the Claimant cannot provide such evidence and further submit that the Claimant does not include ‘Protection of Freedoms Act 2012’ wording on the Parking Charge Notices they issue and therefore cannot hold the Defendant automatically liable for the alleged incident merely for being the Registered Keeper of a vehicle.
2.4. A requirement of the Protection of Freedoms Act 2012 is that this any Notice to Keeper served by the Claimant must be served within 14 days of the date of the alleged incident. Since the Defendant has not received any documentation from the Claimant prior to finding out about the Default Judgement, submits the Claimant will not have complied with the requirements of the Act and thus cannot claim this charge against the Defendant as the Registered Keeper in any case.

2.5. The Defendant further submits that the Claimant’s claim is without merit due to substantial issues in law. This is for the following main reasons:
2.5.1. Lack of Standing by Claimant: The Claimant is unlikely to be the landowner of the car park in question, and will have no proprietary interest in it. This means that the Claimant, as a matter of law, will have no locus standi to litigate in their own name. Any consideration will have been provided by the landholder, and only they would have been able sue for any damages or trespass.
2.5.2. No contract with the claimant: Any contract must have offer, acceptance and consideration both ways. There would not have been consideration from the Claimant to the motorist; the fee for parking benefits the landowners, not the Claimant. Therefore, there is no consideration from the motorist to the Claimant.
2.6. On this basis the Defendant believes that the Claimant has not provided any reasonable cause of action and thus the claim should be dismissed in its entirety.

---

Coupon-mad

Coupon-mad recommended bargepole's defence, but in that argues about he signage which I can't do

Sorry, but you MUST and you should use bargepole's defence example.

I will advise you just one more time at this stage- USE BARGEPOLE'S DEFENCE.

Guess what? Loads of people have to write a defence before their SAR comes back!

At point #2 of bargepole's defence, add the facts - or a statement that you have not seen any evidence and do not even know about any alleged contract (and admit or deny being the driver or - if true - say you have no idea but more than one person drives the vehicle). You can even say you still know nothing about the alleged event and are awaiting a SAR and reserve the right to cover specifics in more detail in a Witness Statement and with evidence and you await the court's directions on that stage.

Make sure you use the bargepole defence with the point about UKCPM not being the landowner and having no standing.

CCJ_buster

UPDATE

So, my defence has been filed and accepted and the ccj set aside.

Now the case allocated to the small claims track and I have to file the Small Claims Direction Questionnaire

Meantime, I received the following email from Gladstone:
Please find attached a copy of our Client’s completed Directions Questionnaire, which will be filed with the court upon their request. You will note we intend to request a special direction that the case be dealt with on the papers and without the need for an oral hearing
This request is sought simply because the matter is in our Client’s opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate.
You will note our Client has elected not to mediate. Its decision is not meant to be in any way obstructive and is based purely on experience, as mediation has rarely proven beneficial in these types of cases. Notwithstanding this, our Client would be happy to listen to any genuine payment proposals that you wish to put forward.

Thanks you guys for all the help with the defence.
Do you have any advise at this stage, please?

Le_Kirk

It is normal for PPC and solicitors to send THEIR DQ's through in an attempt to intimidate and derail you. You need do nothing except wait for your own DQ to arrive from the court or you can download and fill in your own. This is often posted by KeithP to assist posters: -

1.Print your Defence.
2.Sign it and date it.
3.Scan the signed document back in and save it as a pdf.
4.Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5.Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
6.Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
7.Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
8.Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Coupon-mad

my defence has been filed and accepted and the ccj set aside.

Did you have a set aside hearing then?

CCJ_buster

I've already had the hearing, now just filed the defence and received court letter and the 'certificate of cancellation of judgement debt'
Also received the DQ which i have to file in 14 days.

CCJ_buster

8.Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Sorry, but I can't find anything about the DQ, is that in one of the sample cases?


Another question, if I would like to claim the £255 court application fee from what should i do now?